The Baltimore Sun from Baltimore, Maryland • 16

T5 THE SUN, BALTIMORE, WEDNESDAY MORNING. MARCH- 27, 1912. Is It The Starting Of A Feud DEATH OF DR. A. J.

YOLGK Aged Dentist Was 84 Devoted Much Time To Art GAS BILL RAISES QUERY Mr. Warfield Answers Questions On Company's Attitude. TOKEN CO.LOSES Judge Bond Refuses Injunc-tlen And Declares Contract Invalid. declared, did not contain such deductions as ehould have been made before any statement of earnings was given out from them. The Court had some difficulty In finding that the city officials had been materially Influenced by the misstatement in tht respect, but concluded that, in connection with the misstatement as to Mr.

Hooper's estimate oa the machinery, and in view of the other circumstances, this misstatement assisted to the decision not to enforce the contract specifically. The suggestion that there was improper concealment of the agreement by the parties to it the Court found without support 6aid. "I would have adopted the one recj ommended by Mr. Joseph. He advlied me to call myself McMuIlen." HEAVYWEIGHT GETS DUCKING Mr.

Cockey And His 270 Foundi Fall Into Mr. John T. Cockey, who is one of the heavyweights about the Courthouse MX Towson, attributes his "weight to a good ducking he received Sunday when out for a stroll. He was crossing the Beaver Dam run over a log bridge when the log gave way. Mr.

Cockey fell into the water up to his neck. In his wet clothing he walked to his home, about a half mile distant. Mr. Cockey weighs 270 pounds and his size has figured in a number of events. On one occasion he stopped his horse from plunging, down a steep hill by seizing the animal by the neck and throwing it.

Another time he was one of a party In the Tow-son and Lutherville stage when the mules started to run away. He went out on tbe shafts and by his weight and strength halted them. FORMER SOLDIER GOES FREE Ford Had Nothing To Do With Gunning's Death, Says Justice. 'So you won't boost me, eh In the evidence, at least as far as the purposes of the case were concerned. AS TO THE PROPOSED DAM.

Discussing the proposed dam, the opinion says: "The expert witnesses agree that some increase of the elevation of the water upstream, even above the height of the dam, will result from the obstruction. There will be a slight elope upward of the pond Itself, and there will be some increase of work on the flow of the river above that will cause the water to back up and increase In depth. The distance to which, this backlng-up Influence will extend upstream is a matter of engineering calculation. Eminent engineers have presented and explained their respective views and testimony, but they come to directly opposite conclusions on the question whether there Is danger of an Increase of water level and area at the Warren property. The problem this laid before the 'court is no less than that of analyzing arguments and opinions, and solving a dispute in hydraulic engineering, a branch of engineering requiring rare technical training and experience.

Such is the common result of our preposterous method of bringing special learning and knowledge to bear on the decision of a dispute in a court of law." WHEN DAMAGE APPEARS. The court refused the alternative application for an injunction to restrain the erection of the dam, but without prejudice to any application which the Warren company might make hereafter when it should think the danger of damage to the Warren property should more clearly appear. The opinion states that the evuenee does not make the probability of injury to the Warren property sufficiently clear now to justify an injunction as prayed for. CO.MPAXY TO APPEAL. Mr.

Edward N. Rich, of counsel for the Warren company, would not discuss the opinion. He said that the company will appeal from the decision and take the case to the Court of Appeals. CITY SOLICITOR GRATIFIED. Expressing gratification at the outcome of the case, City Solicitor Field said last night: "The matter of greatest benefit to the public is that the city may Immediately award the contract and go ahead with the building of the dam.

The dam which is about to be built will form a reservoir that will hold in rounU figures 2,000,000,000 gallons of water. We have other reservoirs near the city which together bold nearly that amount, so that with the completion of this new dam the city will be secured against any water famine for a good many years to come." W0 MORE SECRECY, HE SAYS School Board I miliar With Duties, Saym Mr. McConker. President McCosker, of the School Board, said yesterday that there would be no more secret sessions of the School Board. He declared that there had been no undue secret sessions, but that what had been called such had been Informal gatherings to familiarize the new members with the routine affairs of the board.

"When the board was first reorganized," he said, "for several nights we gathered, and those who were old members tried to familiarize the new members with the schools. This was something that could not possibly be done at a regular session. It was a sacrifice on the part of all concerned for the good of the service, and no real business was transacted. The need for this hna passed. "In the future when there is need for an executive session, there will be one.

Business will be in the open sessions. There Is no reason for secrecy, and there will be none, as there has been none in the past, "There is more harmony in the School Board now than there has been for years. and there is more harmony among the teachers, who are doing better work than for years. The new members of the board are conscientious men, working for the good of the citizens of the city and deserve co-operation rather than adverse and unfair criticism." At the School Board meeting this after noon there will come up the case of Joseph Green, who was dropped by the old board about a year ago on charges pre ferred by Superintendent Van Sickle. It was recently decided in court that Mr.

Green was dismissed in an improper manner. He is, therefore, a member of the teaching force, and the questions before the board are what to do with him and whether or not he shall draw salary for the past year. There is favorable sentiment to Mr. Green among the Commis sioners. KILLED IN SKOWSUDE Mr.

Davis. Of Baltimore Count v. Meets Death In Colorado. Caught in a snowslide in Colorado, Mr. David Davis, formerly of Warren, Baltimore county, was instantly killed March 3.

He was walking on a high cliff and the force of the descending snow forced him over a precipice. The body fell to a great depth below. Mr. Davis was a son of Mr. Caleb S.

Davis, former superintendent of the cotton duck mill at Warren. At the time of his death he was working for a large mar ble company in Colorado. He was walking not far from his boarding house when he met his death. He was 22 years old. HE CALTFJ) THEI "LADIES'' Storekeeper Applied Term To Colored Women Who Robbed Him.

Adolph Stranss, who keeps a store at 2333 East Chase street, while testifying yesterday In Part 2 of the Criminal Court against Elizabeth Buckner and Florence Morton, both colored, charged with robbing and assaulting him, persisted in speak ing of them as "ladies." "Ladles would not treat you as tbey did," remarked Judge Gorter. "Why don't you call them women 7 I have respect for them," replied Strauss. The testimony showed that the women were customers of Strauss. They entered his store on March 13 and while they bought half a pound of sausage one of them slipped a seven-pound piece of pork Inside her waist and the other put three slices of ham in her pocket. Then when Strauss tried to bold them they beat him, put him out of the store and escaped.

The pork was not found when the women were arrested, but Judge Gorter remarked, "They had time to have a meal." The case was tried without a Jury. Judge Gorter found the women guilty of larceny and sentenced them to three months in jail. The charge of assaulting Stranss was stetted. VERDICT FOR MR. STETOIAN Mr.

T. K. Miller Loses Suit In Au tomobile Ci PRESIDENT ALDRED IN EUROPE Meaanre Amended In Annapolis So Am To Increase Power Of Public Service Commission. Since the Introduction last week of the new Natural Gas bill, at Annapolis, at the request of Mr. S.

Davies Warfleld, there has been keen interest in the Consolidated company's attitude toward the bill and the project. In the absence of President Aldred, who is on his way to Europe, no one here seems authorized to speak for the company. Mr. Charles M. Cohn, vice-president of the company, was asked last night as to its attitude, and said: "You will have to see Mr.

Warfield." Mr. Aldred, he said, had sailed on Saturday on the Olympic, and he did not know exactly when he would return. In view of the fact that the Gas company's attitude i important and that there have been since the bill was put in somewhat conflicting rumors as to its Interests, Mr. Warfield was asked last night what he knew about it. "It must be assumed," he said, "that the Consolidated Gas Electric Light and Power Company will take the same position relative to Its desire to furnish the people of Baltimore natural gas as it did when the proposition was up before.

Under these conditions, of course, it is expected that if the natural gas interests will agree to supply Baltimore with natu- 4 i -a ral gas the Consolidated company womu furnish such gas to its consumers. Of course, it must be understood that while I am a director of that company and a member of Its executive committee I am not authorized to speak for it." "Is it not a fact," Mr. Warfleld was asked, "that the Consolidated company has the right now to contract for natural gas without any further legislative authority?" "It goes without saying." was the re-plv, "that the Consolidated company has full right of contract for natural gas with the natural gas interests or with the city. That company now has a contract, as Is well known, with the Maryland Steel Company for artificial gas for a period of years and also with the Pennsylvania Water and Tower Company for electricity for a long term, and it has the right to contract in the same manner for natural gas. But the city has not the right to contract, unless this right is given it by the Legislature." "Mr.

Warfield, have you made any definite arrangements with the natural gas interests yourself the supply here, or do such exist?" "Up to this time," was the reply, "I am frank to say that there is no definite arrangement relative to the supply of natural gas. but I feel that when an enabling act is passed under which the city and the Public Service Commission are empowered to enter into a contract the desire on the part of the city so expressed to have natural gas will be a great stimulus to the further taking up of the subject in negotiations with the natural gas people." TO AMEND THE OAS BILL Public Service Commission To Have More Power. From The Sex Bureau. Annapolis, March 2G. Mr.

S. Davies Warfleld came to Annapolis today expressly to ask Senator Campbell to amend the Natural Gas hill so as to give greater power to the Public Service Commission. Mr. Warfield said that the bill in that form was entirely satisfactory to him. Mr.

Albert C. Ritchie, of counsel for the Public Service Commission, also came with an amendment to the same purpose, and about in the same words as that written by Mr. Warfield. But Mr. Warfleld accepted Mr.

Ritchie's amendment and requested Senator Campbell to put it into the bill. The amendment provides in explicit terms that all the terms and conditions of any contract made by Board of Esti mates for the introduction of natural gas, as well as the rates, must be sub mitted to the Public Service Commission and approved by that body before It shall become binding. Another amendment adds the words "and not before," so as to read, "and upon such approval by 'the said Public Service Commission and not before the said agreement shall become binding." The bill as amended is now in the following form, the words in brackets showing Mr. Warfield's amendments A bill entitled an act to authorize the Mayor and City Council of Baltimore to contract for a. term not exceeding 25 years as to the rates, terms and conditions of supplying natural gas and artificial gas in connection therewith to consumers in the city of Baltimore and to prescribe the manner of making such contracts.

Section 1. Be it enacted by the General Assembly of Maryland That if and when a proposition for the Introduction of natural gas into the city of Baltimore and for the supply of the same to consumers for a term not exceeding 25 years shall be submitted to the Board of Estimates for the city of Baltimore, the same shall be by it fully considered. If and when the said Board of Estimates shall have approved such proposition or any modification thereof and shall have entered into an agreement with any corporation either upon the proposition submitted or otherwise, which it is hereby authorized to do, the agreement thus reached shall be reduced to writing and shall thereupon be submitted to the Public Service Commission of the State of Maryland for its approval as to the rates therein prescribed and as to each and all of the terms, conditions and provisions thereof and upon such approval by the said Public Service Commission and not before the said agreement shall become binding upon the city of Baltimore and upon the corporation named In said agreement, on the further approval of such agreement by ordinance of the City Council of Baltimore and the approval of such ordinance by the Mayor and the officials of the city of Baltimore are thereupon Ee-quired to duly execute such contract with the corporation therein named for the term of years and In accordance with the rates, terms and conditions therein set forth. Sec. 2.

And be Is further enacted that any such agreement may contain such provisions and conditions with respect to the rates and conditions to consumers for the supply of artificial gas In connection with, the provisions for the supply of natural gas as shall be approved as above provided. Sec. 8. And be Is further enacted that this act shall take effect from the date of its passage. WAY DAY" IS HERE Volunteers For Campalsm Will Meet This "White Way Day" will begin at 10 o'clock this morning! Those in charge of the movement to give Baltimore a new lighting system In the business district expect the campaign to result In enough contracts from mer chants to insure the building of the system.

Volunteers will assemble at the Merchants and Manufacturers' Association rooms, in the Emerson Tower Building, and Chairman William A. Eisen-brandt, of the merchants' committee, will be on hand to give final Instructions and the assignments. A large number of contracts have been sent In already. On Baltimore street merchants will be asked to pay $1.40 a front foot, while on all other streets along the route $1.20 will be the charge per front foot. He Sends Charles To Teacher In Service 55 Years.

Acting Superintendent of Schools Charles J. Koch doesn't believe in the argument that a teacher has outlived her usefulness when she has taught 30 years or more. To prove it, he makes his 10-year-old son, Charles J. Koch, walk 88 blocks a day to go to a who has been In the service 55 years. Charles Uvea at 2915 East Baltimore street, and although there are several schools nearer, attends No.

27, at Chester and Fayette streets. It is 11 blocks from Charles' home to school and he Is ahowed to ride one way and bas to walk home to lunch. Mr. Koch believes In the peculiar ability of the teacher and thinks she Is a better teacher than his son can go to at a school near by PAINTER AND SCULPTOR ALSO Became Known Am Connoisseur Ills Daughter Taught At Maryland Institute. Dr.

Adelbert John Volek. dentist, painter and sculptor, who was one of Baltimore's best-known artists in the last generation, died yesterday afternoon from the infirmities of age at his residence, 1501 Linden avenue. While he had been In ill health for some time he had been confined to his bed only about three weeks and his death came as an unexpected shock to his family. With him were his two daughters Mrs. F.

H. Falkinburg, of Ybeellnjr, W. who has been In Baltimore about two weeks on a visit, and Miss Fannie B. Volck. A native of Bavaria, Dr.

Volck was born at Augsburg 84 years ago. He received his early education at Nuremburg and in 184S came to America. He west to St. Louis, where his brother-in-law, a Lutheran minister, had established a church. A year later the California gold fever broke out and Dr.

Volck was sept westward with the tide of "49." Oldest Living Graduate. His quest for gold, however, was soon abandoned and he came to Baltimore about two years later, ne entered the office of Dr. Chapin A. Harris, who, with Dr. Horace M.

Hayden, founded the Baltimore College of Dental Surgery. Later Dr. Volck entered the college and wa9 its oldest living graduate. In 1852 he married Miss Letitla Roberta Alleyn, of Baltimore, who died 10 years ago, In the year of their golden wedding. At the outbreak of the Civil War Dr.

Volck remained in Baltimore. Although he took no active part In the fighting he was a warm supporter of the Confederacy and was Instrumental at various periods during the war in supplying the Southern, 6oldIers with medicines. His Home A Rendezvous. Through his aid of the South and his sympathy with its cause, Dr. Volck was well known by persons of prominence throughout Maryland and Virginia.

Ills residence on North Charles street, near Franklin street, was a rendezvous for soldiers on their way to aud returning from the front. Even at that early date he had devoted himself assiduously to art, and while the war was in its first stage he engraved a THE LATE DR. A. J. VOLCK series of plates to illustrate literature in behalf of the.

Confederacy. These were sent to England to be. printed, but were lost In transit. The most remarkable characteristic of Dr. Volck was his versatility in the field of artistic endeavor.

Even In his profession this was revealed, and he soon established a wide reputation for his ability in molding artificial teeth, which he made from a porcelain manufactured according to' his own formula. Dr. Volck did not confine his art to carving or engraving, however, but painted extensively in oils. Out West on a trip several years ago he made a series of landscape sketches which he copied and elaborated on canvas In the last years of bis life. One of his paintings he worked on up to his final illness, and this stands still unfinished on his easel.

Helped Found Charcoal Clnb. He was one of the founders' of Charcoal Club and an original member of the famous bid Wednesday Club. For the Char coal Club some years ago he executed oue of his most notable bits of metal work. This was a "growler," made of a solid piece of copper. A bas-relief portrait of Dr.

Basil L. Gildersleeve, in sliver, and a similar por trait of Edward V.Valentine, the Richmond, sculptor, are among other well-nown examples of his work. Throughout his house are dainty articles in metals and wood carved by his hand. These include two large owls, carved in ebony, which occupy each end of his parlor mantelpiece. Among the last things he executed In metal was a shield, covered with bas-relief allegorical figures, which he designed In honor of the women of the Confederacy.

Retired A Decade Ago. vAbout a decade ago Dr. Volck, who had been injured In a fall some time before, gave up the practice of dentistry, and bis energy had since been expended upon bis art. He did his work in a room In his house, where may be seen various examples of carvings and paintings. His statuetes and reliefs he made alone, from the modeling to the final casting, all of this being done at home.

In repousse hla work included medallions, an exquisite tankard and historical scenes. His daughter, Miss Annie C. Volck, who died about two years ago, inherited his artistic temperament. She was one of the instructors at the Maryland Institute. Among Dr.

Volck's friends in the past were numbered some of Baltimore's most famous men of the last half century. He was always a favorite, not only for his artistic ability, but for his charming personality. In addition to his two daughters, Dr. Volck is survived by one son, Mr. Howard A.

Volck, of Kansas City, Mo. GARLAND ALLY TO CHANGE NAME Joseph H. Cohen To Become Joseph II. Mellen, If Court Consents. Joseph, H.

Cohen, 1105 Columbia avenue, formerly, a politician of the Third ward and a close friend of "King Bill" Garland, will soon be no more if a petition filed in the Circuit Court yesterday-is acted upon favorably. The same man with the name of Mellen will appear, for he has asked tht Court to change his name from Cohen to Mellen. Cohen Mellen-to-be has moved from the Third ward to the Twentieth, in Southwest Baltimore, and so after a lapse of a generation he wishes to return to what he claims was the original family name. In his petition, which was filed by Daniel C. Joseph, Cohen states that his father's name was Mellen before immigrating from Germany to this country.

He gave the name of Cohen, which means priestly, when asked by the Immigration officers for his family name. The change in name never bothered the elder Cohen, but his son, having moved his residence, desires to resume the surname more in keeping with his neighbors. Cohen or Mellen Is a young man and a student at the Baltimore Daw School. He declared his only reason for seeking the change was that he might be known by his family's original name. 1 "II I were ee'ii aa Irlsn CITY FREE TO BUILD DAM Company Can Su When Damage Shall Appear Mora Clearly.

PRICE DECLARED EXCESSIVE The Court Finda That The Eara-ing Of The Mill Were 3IlMta.eL. Mr. E. X. Rich, Ooamrl For The An Appeal Will Be Taken City To Await Reamlt.

Judge Bond Decide Tbat the agreement of the Water Board to buy the Warren property is invalid. That tlie company is not entitled to an injunction restraining the city from constructing the proposed Gunpowder dam. Tbat the company may proceed against the city if damage to its property appears more clearly. That the earnings of the mill were misstated. The city was victorious yesterday in the suit brought by tine Warren company to restrain the construction of the proposed dam in the Gunpowder river, below the company's property.

In an opinion filed in the Circuit Court Judge Bond dismissed the company's bill of complaint, but without prejudice to the company's right to bring suit again if It Is found that the company's property is being damaged. The Court also held that the secret agreement with the AVarren company was invalid. This decision, If sustained by the Court of Appeals, will leave the city free to construct the proposed dam. In its bill of complaint the Warren company asked that the city be required to carry out the secret agreement by buying the company's property for $725,000, the price named in the agreement. As an alternative, in the event of the court finding that the company was not entitled to the specific enforcement of the secret agreement and the company should continue to hold the property, the court was asked to restrain the construction of the reservoir as planned.

It was contended by the company that the dam would back the water up on the Warren property and impair its use and value. It was recognized that whenever the city Ehould condemn the property the injunction could not be continued. TWO POIXTS AfiAIXST CITY. In resisting the application for specific performance of the secret agreement, it was contended for the city that there was no contract to perform because the act of the Legislature which undertook to ratify the Water Board's action in purchasing the property was unconstitutional. This question of constitutionality was decided against the city's contention.

Another contention of the city that was decided against it was that the alleged contract was void because the members of the Legislature must have knowledge of a city's contract to ratify it, and they did not have such knowledge in this in-Btauce. WHY COXTRACT IS XOT VALID. The contention upon which the city won its fight against the alleged contract was that, if valid, it did not ratify the purchase of mill machinery, such as the secret agreement included. This objection the Court found to be well taken, and upon that ground the agreement was held to be invalid. On this point the Court says "The next objection made to the contract is that, even if Section 17 of tile act be valid as far as it goes, it does not by its terms ratify any previous agreement involving, as this one does, the purchase of movable machinery.

And I think this objection is well -taken. "There can be no question whether the agreement did involve the purchase of movable machinery of the Warren company. All the machinery in the mill was to be transferred to the city, and it was one of the chief items of value discussed in the negotiations and taken as the basis of the agreement. And the evidence shows that a considerable portion this machinery is movable, not to be classed as fixtures. "All the items of property enumerated in the first portion of the section, with few exceptions, are clearly species of real property, naturally part of the earth or affixed to it, and which must necessarily be destroyed If the water level is to be raised over their present locations.

The words 'mills, factories and industrial plants, and improvements. would perhaps under some circumstances admit of such a construction as to include movable machinery in the mills, factories and plants. But the courts assume that words of possibly more comprehensive import grouped with words all referring to things of one common nature, are probably themselves intended to be restricted to things of the same nature." 0 RIGHT TO ABAXDO.V There being no contract to enforce, the opinion might have stopped with that ruling, but all the other questions in dispute are taken up and disposed of. Another objection of the city to the enforcement of the secret agreement was that it had abandoned the plan which, required the Warren property, and this in volved the abandonment of the contract. If there was one.

It Is held by the Court on this point that the city could not abandon such a contract, once made, any more than an individual could. FIXDS PRICE EXCESSIVE. Assuming that there was a binding con tract, the city contended that the price ($725,000) was excessive and its officers were misled Into making the purchase at that price by misstatements of the War ren company through its counsel in the negotiations preliminary to the purchase. Although the court found the price to be excessive, it did not fix a valuation of Its own. The first so-called misleading statement, or recommendation, discussed in the opin ion is that of Mr.

Rich, the Warren company's counsel, in referring Mr. Quick to a court decision in New Jersey, which outlined methods of valuation, but which had later been overruled by a higher court As Mr. Quick had referred Mr. Rich's letter to the City Solicitor, and had followed the City Solicitor's instructions in estimating the value, the Court held that the complaint of the city on this point wag not well founded. 3IR.

HOOPER'S ESTIMATE. The next statement discussed is that of Mr. William E. Hooper, of the Woodberry Mills, who had estimated tne value of the warren mill machinery at 58,000. Mr TTooner had given only a rough estimate.

and had intended to include in his figure mill buildings as wen as macninery. Th Court held that in view of the fact that the city officials, in coming np to the purchase price, had been actuated largely bv fear of the alternative condemnation suit in Baltimore county, and that such a high estimate by Mr. Hooper would be potent evidence in such a suit, the misstatement of his estimate was such as should move the Court to withhold the remedy of specific enforcement of the re-ttH1p(t contract. Another statement in the preliminary negotiations which the city complained of "as having been misleading was that the mill superintendent had valued the machinery at $230,000. The Court found no evidence to disprove iaai-MISSTATE3IEXT OF" EARXIXGS The representation that the mill had earned $80,000 In 1907, and $60,000 to $80,000" in the two years previous, tba Court found to be a misstatement.

The accounts re-Uv kept at the mill, It wM Timothy Ford, formerly a member of th, Thirty-ninth Company, Coast Artillery Corps, Fort McHenry, was cleared by Justice Lewis, at the Southern Police Station, yesterday of the charge preferred against him by Martin E. Gunning, who accused him of beating his father, Martin J. Gunning, and causing his death on December 27, ii04. Justice Lewis held tbat the testimony failed to prove that Ford had committed assault and Captain Cole obtained information to the effect (hat Gunning's death was caused by erysipelas, which developed in a wound in the face received in a fight. Dr.

C. P. Erkenbfack, 1412 Light street. Informed Captain Cole tbat Gunning had died from erysipelas. Ford admitted that he knew Gunning, but declared that be was not with him when he was beaten.

There were no witnesses against him. Justice Lc wis advised Ford to remain away from Locust Point. MR. McHENRY HOWARD ILL Prominent Lawyer Has rironclilt I. Expected Out Siton.

Mr. McHenry Howard, grandson of Gen. John Eager Howard and one of the oldest lawyers before the Maryland bar, has been confined to his home, St. Paul and Read streets, for more than week with bronchitis. It is thought that he will be out within 10 days.

He is 73 yea-s old, and has been In real estate transactions all his life. It Is said that lie knows more of the holdings of old families than any other lawyer here. lie served In the Civil War and was formerly chief counsel for the Title Guarantee and Trust Company. Ills father was tbe late Charles How-ard, a member of a noted Police Board of this city, which figured In the exciting times here incident to the outbreak of tho Civil War. The most celebrated case in which Mr.

Howard has participated in court, perhaps, was tbat of Reed vs. Stouffer, concerning the sale of 0d St. PauTs burying ground. The courts held tha. the property had been deeded by General Howard in 1808 to the trustees of the German Baptist Brethren Church for use rb a burial ground and could not be Bold for other purposes.

In this case. In which Mr. noward was one of the victors, he was associated with the late Severn Teackle Wallla, They were opposed by Bradley Johnson and John P. Poe. The counsel represented the bent talent in Maryland In 1880, about which time tbe case was trifd.

AFTER GEORGES CREEK STOCK Complications Aslse Over Shares Once Held Br Tilly Allen. Argument began yeBterday before Judge Bond," in the Circuit Court, in litigation to determine tbe ownership of 58 shares of stock of the Georges Creek Coal and Iron Company, which was unclaimed for moro than 70 years. In 1841 the shares were lnnucd to "Tilly Allen, of New York, in trust" Nothing was heard of Tilly Allen from tbat time until the Georges Creek Coal and Iron Company went out of business a short time ago and started to distribute its funds. The stock was of small value when issued, but now, with accumulated dividends, Is worth more than $35,000. Recently it has been ascertained that Tilly Allen died in Brooklyn in 1802, and that his only son died in 1900, leaving no children.

The son's widow, who is Mrs. John Hazard Allen, of East Orange, N. is the neit of kin of the original Tilly Allen. The proceedings disclosed the fact that Mrs. Allen would have no difficulty In obtaining the stock and accumulated dividends but for the fact that it stood in the name of her father-in-law as trustee, and the company is defending the case for fear it will be held liable to pay the money again to some future claimant.

The case is being tried by Attorney Stuart S. Janney for Mrs. Allen and Attorney Shirley Carter for the company. No Odor No Poison. Safe to Plants.

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Accouma Solicited. "PresenUUre, or Phons HX. VCTDoa 9Un7 or 632D. HOLY WEEK. To follow the service intelligently, eTerv Oattiolla should hae a copy of the Office of fSlyWeek containing an explanation of tbe vreroou Oathol lie Prayer Book in White Bindings andkS In Pearl and Fine Stones make appropriate Eanter rifts.

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J. P. THOM DEAD State Regent Of The D. A. R.

Victim Of Heart Trouble. ILL ONLY ABOUT TEN DAYS Prominent In Society And Possessed Of exceptional Tact, She Devoted Much Time To Charity. Mrs. J. Pembroke Thorn, State Regent of the Daughters of the American Revolution and one of the most notable women in Baltimore society, died from heart trouble at 7 o'clock last night at her home, 838 Park avenue.

About 10 days ago Mrs. Thorn became seriously 111, although she bad not been in good health for several months. She was conscious almost to the hour of death. Few women in Maryland devoted vas much time to patriotic and charitable work as did Mrs. Thorn, and her efforts were directed by fine executive ability which caused her enterprises to flourish with exceptional ease.

Head Of State D. A. It. As the head of the Daughters of the American Revolution in Maryland for more than a decade, she came before the public more than in any other capacity. The members of the society were devoted to her and worked hard to develop the project which she in large measure conceived and directed.

Not only was Mrs. Thorn successful in adding many chapters to the Maryland branch of the society but she was chiefly instrumental in the erection of monuments and memorials of Marylanders who distinguished themselves in the cause of the republic. A Native Of Kentucky. Born in Kentucky July 29, 1841, she was a daughter of the late William B. Reynolds and Mrs.

Anne Taney Hunt Reynolds, the latter's father, John Wesley Hunt, having been a prominent banker who went to Kentucky from New Jersey. Her parents having died, Mrs. Thom, when two years old, went to live with her aunt, Mrs. Mary S. Hanna, by whom she was reared.

Her education was received from governesses anu at the noted school of Madame Chageri, on Madison avenue, New York. She went abroad with her aunt, Mrs. Hanna, in 1862, and lived for a year or more in Paris, under the reign of Louis Napoleon." Met Mr. Thom In France. Mr.

Thom was at that time in France waiting to assume command of a ship being built for the Confederate Navy at Cherbourg. This ship was to be a part of a fleet under Commodore Maury, but as Napoleon refused to recognize the belligerancy of the Confederate States, the ships were never allowed to leave French waters. While there Mr. Thom met Miss Reynolds, his first wife, formerly Miss Ella Lea Wright, a daughter of Mr. William.

H. Dc Courcy Wright, having died about two. years before. The marriage took place in Leamington, England, August 2, 1884. Moved To Baltimore.

At the close of the war Mr. and Mrs. Thom moved to Baltimore. Soon afterward they purchased the house at 838 Park avenue, in which Mrs. Thom died.

It is beautifully furnished and contains many rare works of art and family portraits. Mr. Thom died many years ago. He was a son of Col. John Watson Triplett Thom, owner of a large estate in Virginia.

Educated at the University of Virginia and in medicine at the University of Pennsylvania, he served in the Mexican War and in the Confederate Army during the early part of the Civil War. He wounded at Kerns-town and was then assigned to the navy to take charge of one of Commodore Maury's ships. In Christ Protestant Episcopal Church Mrs. Thom' took much Interest and was president of the orphan asylum attached to that church for a number of years. She also was associated with the management of the Hospital for the Women of Maryland, which was organized largely through the efforts of her husband.

She was a member of the Colonial Dames. Some Distinguished Relatives. Gen. John H. Morgan, commander of Morgan's Brigade in the Civil War, was her first cousin, as was Charlton Morgan, who married a sister of the late Adjt-Gen.

James Howard, and of Mr. McHenry How ard, of this city. Mr. Frank Hunt, an eminent lawyer of Lexington, was her uncle, while the late Hunt Tilford, of the. Standard Oil Company, was her relative.

Chief Justice. Roger B. Taney was also related to her. Mrs. Thom had the distinction of being the only woman on the board which Is endeavoring to convert Fort McHenry Into a national park.

She supported also the Pembroke playgrounds at the Eastern City Springs, which she named in memory of her husband. She is survived by two sons, Messrs. H. R. Mayo Thom and J.

Pembroke Thom, a stepson, Mr. De Courcy Wright Thom, and a tep nephew, Mr. Alfred P. -Thom, general counsel of the Southern Railway. MR.

BRYAN GOES FOR A SPIN Lawyer Taken For Ride By Mayor Preston. Mr. William Shepard Bryan, who has been ill in St. Joseph's Hospital following an operation for peritonitis, Is rapidly recovering and is able to walk around. Mr.

Bryan yesterday afternoon enjoyed an automobile ride with Mayor Preston. The Mayor took his new car to the hospital and took Mr. Brvan on a Inni DEFENDS WARRING ITALY Baron Di San Severino Says People Resent Turkish Insults. TRIPOLI FOREFATHERS' LAND Likens Occupation To Colonial Period In Which England Fought Her Way In Egrypt. Defending Italy's course In her war with Turkey, Baron Bernardo Quaranto di San Severino, laureate of the University of Naples and of the Royal Oriental Institute of Rome, in an interview yesterday declared that the hostilities were forced upon his native country, and that a result of her occupation of Tripoli has been a betterment of civic conditions there.

The Baron arrived In the afternoon from New York. His mission has been to study social and economic conditions and to solidify Italian sentiment in America. Lectures In Italian. Last evening he lectured In Italian at the home of Doctor and Mrs. Ktrby Flower Smith, 719 Park avenue, before the Circolo Italiano upon "The Present War Between Italy and Turkey." For the night he was the guest of the Baltimore Club.

He was seen soon after his arrival at the home of Doctor and Mrs. Joseph C. Bloodgood, where he was the dinner guest. 1 be unexpected dispatch of the German gunboat Panther to Agadir, Morocco, he said, was -the final determining factor of the Italian 'occupation of Tripoli, this move revealing the tendency of the European powers to gain possession of adjacent territory. "A certain historic right militated in our favor," he said.

"Going to Tripoli we were re-entering into the dominions of our Roman forefathers. The mosaics from splendid villas, the artistic statues and other frequent traces of the Roman conquest, which the pickax of the Italian soldiers has brought to light in the last few months, attest to the civilization and splendor of these, our ancient possessions. Law Of Colonial Expansion. "Then there was the law of colonial expansion, through which every civilized nation must necessarily pass. We were confronted by the economic necessity of having an outlet for our important emigration.

It has always been one of our greatest aspirations to direct our overflow population toward an Italian colony, comparatively near our shores. "The insulting treatment by Turkey of our prestige and our countrymen, our secular and historic rights, the sacred rights of civilization everything Italy, in her policy of forebearance, had laid aside to follow her ideals of peace. But Agadir awakened our country from her Utopian dream and showed the men who govern us where we stood." Am To The Course Of War. Touching upon the course of the war, he said "Surprise has been expressed in some quarters by persons not familiar with the tactics of war at the slowness of our march into the Interior, toward the Gebel (Mount) Garian and its strategic points of Bired-Dln, Suadi-ben-Aben, Tarhun, Aziziah, which hold the chief contingent of hostile forces, under the command of Generals Enver Bey and Nesciat Bey. But this shows that the critics are also unfamiliar with the history of colonial wars.

The English, who are undoubtedly the pioneers of colonial wars, took 12 years to go from Assuan to Khartoum 600 miles that is to say, advancing 50 miles a year; and we were fortunate enough to reach Ain-Zara in less than two months from the day we landed. "Our advance has required all the more courage and skill, inasmuch as it has been necessary to conquer many difficulties, among which are the heavy sand of the desert, the extraordinary mobility of the enemy, the barrenness of the places utterly unknown to our soldiers, the difference of climate, the terrible 'ghlbli" winds and the lack of water, every drop of which had to be brought over from Italy. Yet our soldiers can claim every day fresh victories over the enemy. Already Opening- Schools. "Italy clearly understands the Importance of her mission.

Her conquest dates only from a very few months, and she has already opened schools for children and adults Arabs and Italians; already the first- railway "Tripoli-Ain-Zara, has been inaugurated, and replaces for that stretch of land that antiquated and slow medium of locomotion the cameL Already the able Italian workmen are employed at the construction at the port of Tripoli of hygienic stations, and up-to-date hospitals are in working order and a civil and criminal Judiciary system is established." ENGINEER HURT LN CRASH Glass Flies As Result Of Passenger Train Hitting Freight. Three cars of an eastbound freight train of the Baltimore and Ohio Railroad Jumped the track at Ijamsville, Frederick county, about 6 o'clock yesterday afternoon and sldeswiped the Baltimore and Frederick accommodation train, throwing the passenger engineer. Christian Hile, of 1739 Covington street, this city, from his cab and painfully injuring him. Several other members of the crew and a number of passengers were showered with flying glass, but none Injured. Nearly all the windows on one side of two coaches were broken and the passengers were thrown Into confusion.

The wreck was caused by the buckling, of an empty freight car between two loaded ones. Engineer Hile did not see the da-railed cars In time to stOD his train. i He was taken to Frederick Junction. I where he received treatment and later was brought to his Jwma NURSE FOUND MOTHER Two Claimed A Baby And Mole Solved The Problem. BOTH CALLED FOR INFANT Bnt There Were Two Slavinsky ITonnersters And Each Parent Was Satisfied.

When old King Solomon was confronted by two indignant women, who both claimed to he the mother of an Infant which was put before him, he did the next best thing and suggested its division, in order that both might have part. He knew the true mother would then be seen. When a nurse in Johns Hopkins Hospital was confronted yesterday by two indignant women, who pointed to two babies, both of the same age, and asked "Which which?" she did the next best thing and looked the youngsters over for evidence. Now, one of the infants had a mole upon Its chubby shoulder. She qufckly askgd each mother If her baby bore such a mark.

One of them answered and one of them did not. The mystery was solved. All the trouble happened as foITows Two women, both bearing the name of Slavinsky and both claiming residence in Highlandtown, entered the hospital several weeks ago. Previous to that they were not acquainted. Strange to say, their cots were within a few feet of each other.

The wonieh became fast friends. A few days later two Storks arrived in the ward and each bore a bundle marked with the name of Mrs. Slavinsky. The mothers were jubilant. They left three days ago and went home.

The boy babies they deposited in the care of the motherly nurses until the youngsters should become more used to this hard, cruel world. Mary Slavinsky yearned for her child and yesterday she called for it. So did Barbara Slavinsky. Mary arrived first. "What is your name?" aeked a nurse.

"Slavinsky," was the answer. The nurse looked among the babies and soon found one bearing the name of Slavinsky. A husky boy he was and she carried him to the eager mother. Mrs. Mary took the child in her arms and looked at it.

She beamed all over, for it had gained much weight and altogether was all that a mother could desire. Just then Mrs. Barbara Slavinsky, the other mother, appeared. She, too, had come for her child. "What is your name?" The nurse asked again.

"Slavinsky." "Why, I don't understand," gasped the amazed nurse. "This lady," pointing to the other mother, "just got the Slavinsky baby." "Oh, but there are two Slavinsky babies," answered Mrs. Barbara. After a little search the nurse returned with the other infant. It cuddled close to the supposed mother.

Mary spied her friend and hurried to her side. "Just look how nice and fat my baby has got," and she held the infant up to the view of the other woman. That began the trouble. Each claimed that she was the mother of the fatter baby. The friends came to words.

The nurse fried to settle it, but was at her wits' ends, as were the mothers, when it came to deciding which was which. Finally the nurse hit on the plan of the mole, and Solomon was outsolomoned. MOTHER TAKES BACK HER CHILD Foiter-Parent Faints When Ordered To Give It Up. infant which Mrs. Helen Nowacka, a 19-year-old bride of a year, 2723 Hudson street, adopted two weeks ago, was taken from her yesterday by a policeman of the Central district at the solicitation of the child's mother, Gertrude Kapp, whose home is In a suburb of Pittsburgh, Pennsylvania.

Two months ago the child was born at Johns Hopkins Hospital. The mother had been abandoned by her husband. Unable to support the child, she read of a woman who wanted to adopt an infant. She communicated with Mrs. No wacka, who was happy to accept the child as a foster-son.

Soon after her marriage Mrs. Nowacka husband left home. She wrote him a letter to come back, as she had a eon. She told her neighbors that the child was her own and on last Sunday had the child christened, Inviting many of her neighbors and friends to a party in honor of the event. In the meantime the real mother returned to her parents' home near Pittsburgh.

On Sunday night she dreamed, according to the story she told Justice Cox and Lieutenant Klinefelter, at the Central Station yesterday, that her baby was not in good hands and that It cried for Its" mother. She related her dream to her father, who gave her money to come to Baltimore to get the child. When she arrived she appealed to Justice Cox and a policeman was sent for Mrs. Nowacka, who fainted when ordered to return the boy. Mrs.

Nowacka became so hysterical that she had to be taken to Mercy Hospital, where she was treated by Dr. John Hogan. Later she took the mother and a policeman to her home and Mrs. Kapp and child left soon afterward for Pittsburgh. Bishop Murray Confirms.

Bishop Murray last night confirmed a class of 20 persons at St. Thomas Protestant Episcopal Church, Homestead, of which Rev. Charles E. Perkins is rector. There was special music by the vested choir and Barker, the oloUW A verdict for Mr.

William H. StellmanTrR TrftfTTT "CAT? Part 2 of the Superior Court In the suit brought by Mr. Theodore K. Miller to recover $300 for damage done his automobile in the last of a series of automobile accidents last August 21. Mr.

Miller's car was first In collision with one In which Mr. Frederick Home Hack, was riding, Mr. Hack being killed. After the Miller car bad been drawn to the aide of the road it was struck by the Stellman car, which turned over. Mr.

Stellman, who lives In Sudbrook Park and who had an accident in the city earlier in the evening, had two fingers broken on his right band. Mr. Miller was hurt on the nose. He Is president of the Daniel Miller Company. The defense was that there was no light to warn Mr.

Stellman of the proximity of the Miller cart xr 1 I spin throdK the city, 4 1 1 i.